Digital Commons Network^™

“Counter-Terrorism Law”, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

The Patriot Act’S Impact On The Government’S Ability To Conduct Electronic Surveillance Of Ongoing Domestic Communications, Nathan C. Henderson

Duke Law Journal

No abstract provided.

The Failure Of Words: Habeas Corpus Reform, The Antiterrorism And Effective Death Penalty Act, And When A Judgment Of Conviction Becomes Final For The Purposes Of 28 U.S.C. 2255(1), Benjamin R. Orye Iii

William & Mary Law Review

No abstract provided.

Trends. Medicalizing Terrorism As Part Of The Solution Or Part Of The Problem: More On The Moussaoui Case, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the context of the medicalization of psychology, using the case of Zacarias Moussaoui and the 9/11 terrorist attacks as context.

Forfeiting "Enduring Freedom" For "Homeland Security": A Constitutional Analysis Of The Usa Patriot Act And The Justice Department's Anti-Terrorism Initiatives , John W. Whitehead, Steven H. Aden

American University Law Review

No abstract provided.

The Personality Profile Of September 11 Hijack Ringleader Mohamed Atta, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of a posthumous, indirect assessment of the personality of Mohamed Atta, apparent ringleader in the September 11, 2001 terror attack on the World Trade Center and the Pentagon, from the conceptual perspective of Theodore Millon.

Information concerning Mohamed Atta was collected from media reports in the one-month period following the attack and synthesized into a personality profile using the second edition of the Millon Inventory of Diagnostic Criteria (MIDC), which yields 34 normal and maladaptive personality classifications congruent with Axis II of DSM-IV.

The personality profile yielded by the MIDC was analyzed on the …

The Personality Profile Of Al-Qaida Leader Osama Bin Laden, Aubrey Immelman

Psychology Faculty Publications

This paper presents the results of an indirect assessment of the personality of Osama bin Laden, founder and leader of the al-Qaida terrorist network responsible for the September 11, 2001 terrorist attack on the United States.

Bin Laden’s primary personality patterns were found to be Ambitious/exploitative and Dauntless/dissenting, with a secondary Distrusting/suspicious orientation, and subsidiary Dominant/controlling and Conscientious/dutiful features.

Ambitious individuals are bold, competitive, and self-assured; they easily assume leadership roles, expect others to recognize their special qualities, and often act as though entitled. Dauntless individuals are bold, courageous, and tough; minimally constrained by the norms of society; routinely engage …

Computer Network Attacks By Terrorists: Some Legal Dimensions, John F. Murphy

International Law Studies

No abstract provided.

Trends. Psychiatric Follies Continue: The Moussaoui Case, Ibpp Editor

International Bulletin of Political Psychology

This article describes several issues related to the evaluation of competency to stand trial for defendants accused of terrorism, in this case Zacarias Moussaoui.

Trends. Competency And Terrorism In The Moussaoui, Ibpp Editor

International Bulletin of Political Psychology

This article describes several Issues related to the evaluation of competency to stand trial for defendants accused of terrorism.

Terrorism On Trial: The President’S Constitutional Authority To Order The Prosecution Of Suspected Terrorists By Military Commission, Christopher M. Evans

Duke Law Journal

No abstract provided.

Narco-Terrorism: The New Discovery Of An Old Connection, Donnie Marshall

Cornell International Law Journal

No abstract provided.

The Grave New World Of Terrorism: A Lawyer's View, James A. R. Nafziger

Denver Journal of International Law & Policy

No abstract provided.

Prosecuting Al Quada: America's Human Rights Policy Interest Are Best Served By Trying Terrorists Under International Tribunals, Anton L. Janik Jr.

Denver Journal of International Law & Policy

No abstract provided.

Retroactive Application Of "New Rules" And The Antiterrorism And Effective Death Penalty Act, A. Christopher Bryant

Faculty Articles and Other Publications

For three decades, the application of United States Supreme Court criminal procedure decisions has confused the Court's habeas corpus jurisprudence. In 1999, the Court's decision in Williams v. Taylor might have resolved the ambiguous relationship between the pre-1996 habeas corpus retroactivity decisions - the most significant of which was Teague v. Lane - and the habeas corpus reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Unfortunately, the Williams decision has only engendered further confusion.

Two decades before Teague, the second Justice Harlan proposed an approach to retroactivity questions, arguing that a decision that announced …

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?

This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …

Racial Profiling Under Attack, Samuel R. Gross, D. Livingston

Articles

The events of September 11, 2001, have sparked a fierce debate over racial profiling. Many who readily condemned the practice a year ago have had second thoughts. In the wake of September 11, the Department ofJustice initiated a program of interviewing thousands of men who arrived in this country in the past two years from countries with an al Qaeda presence-a program that some attack as racial profiling, and others defend as proper law enforcement. In this Essay, Professors Gross and Livingston use that program as the focus of a discussion of the meaning of racial profiling, its use in …

The Northern Ireland: The Paramilitaries, Terrorism, And September 11th, Zachary E. Mccabe

Denver Journal of International Law & Policy

No abstract provided.

Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol

UF Law Faculty Publications

This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …

The Federal Government's Role In Protecting Public Health, Ernie Fletcher

Kentucky Law Journal

No abstract provided.

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …

Miranda's Final Frontier - The International Arena: A Critical Analysis Of U.S. V. Bin Laden, And A Proposal For A New Miranda Exception Abroad, Mark A. Godsey

Faculty Articles and Other Publications

In recent years, the FBI and other federal law agencies have greatly expanded their presence abroad, investigating everything from narcotics trade and internet fraud schemes to terrorism. This trend will undoubtedly continue in the aftermath of September 11th. A constitutional question that will be of increasing importance in this context is whether, or to what extent, U.S. law enforcement officials (hereinafter "FBI") must provide Miranda warnings to non-U.S. citizens interrogated abroad who will later be tried in the United States.

The article first addresses whether future modifications to the Miranda doctrine are permissible after Dickerson. The article concludes that despite …

Lawful Self-Defense To Terrorism, Mary Ellen O'Connell

Journal Articles

On October 7,2001, the United States and the United Kingdom launched operation Enduring Freedom. Enduring Freedom was a massive aerial and land operation on the territory of Afghanistan in response to the September 11 terror attacks on the United States. The two governments justified Enduring Freedom as an exercise of lawful self-defense. This article examines the elements of self-defense, applying them to Enduring Freedom. At the outset, Enduring Freedom did indeed meet the conditions of lawful self-defense, but later stages of the operation may have gone beyond the bounds of proportionality. The article also looks at the alternatives to self-defense …

Information Technology Breeds New Age Terrorism, Amita Aziz

Theses

This thesis examines the impact information technologies have had on the age-old phenomenon of terrorism. It looks at how terrorism has evolved into what has come to be known as information terrorism over this Information Era. Information revolution has introduced a new paradigm called Information Warfare for conflict among nations based upon attacking information infrastructures. The political attractions and deterrents to using these new information warfare methods are discussed at great length. The information age is affecting not only the types of targets and weapons terrorist choose, but also the ways in which such groups operate and structure their organizations. …

When Justice Goes To War: Prosecuting Terrorists Before Military Commissions, Robert K. Goldman, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.